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Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Illinois Adopts New Laws Targeting Appropriate Staff-Student Boundaries and Prevention of Sexual Abuse in Schools

Governor Pritzker recently signed Public Act 102-0676 (HB 1975) into law, which addresses sexual abuse prevention in schools. The new law is intended to address staff-student boundaries and appropriate professional conduct,...more

New IDEA Funding in the American Rescue Plan Act

The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I...more

Recent Illinois Appellate Decision Reminds Schools of Standards for Residency Decisions

Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more

They Said What? First Amendment Issues in 2020 [Audio]

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

COVID School Landscape [Audio]

In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more

Leadership in the Time of COVID [Audio]

School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more

Planning for Return to In-Person Instruction: Special Education Considerations

ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more

Cheat Sheet for ISBE’s FAQ for Special Education on the Transition to In-Person Instruction

On June 30, 2020, ISBE issued an FAQ document with the purpose of assisting school districts in the transition to in-person instruction. This document, which supplements ISBE’s general guidance on return to in-person...more

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

You Know the Drill, But Should You Do One? White Paper Highlights Active Shooter Drill Risks

In Illinois, the School Safety Drill Act requires K-12 public and private educational facilities to conduct several types of safety drills, including law enforcement drills, to address potential evacuation or lock-down...more

Bullying and Special Education in the New Decade: What You Need to Know

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

2019 Legislative Update: Summary of Changes in School Law #2

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

Marijuana, Medication, and Minors, Oh My! New Medication Laws For Schools

You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

Recent FOIA Decisions Address “Trade Secret” and “Private Information” Exemptions

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public entities violated...more

Student Residency Hearing Revisions to the Illinois School Code Effective January 1, 2017

Effective January 1, 2017, the process by which school districts in Illinois may dispute student residency will fundamentally change. Public Act 99-0670 (HB 4606) was signed by Governor Rauner on July 29, 2016, amending...more

Revised Illinois Special Education Regulations Go into Effect

The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally,...more

Seventh Circuit Finds School District Not Liable in Bullying Case

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

Illinois Passes Legislation Curbing Out-of-School Disciplinary Practices

On August 24, 2015, Governor Rauner signed into law Public Act 99-456. The Act requires school districts and charter schools to overhaul their discipline policies and is aimed at reducing the incidence of out-of-school...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Look Out For Upcoming Spring Deadlines For School Districts

The spring brings a host of deadlines that school districts should be mindful of. Below are some important dates to mark on your calendar....more

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